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Carl's Jr. FF/CL CUP 03-042 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A CARL'S JR. IN A CoG ZONE, LOCATED ON THE CORNER OF MAIN STREET AND MERIDIAN ROAD, -------------------'--- -APPROXIMATELY % MILE NORTH OF INTERSTA.'FE-&4, MERIDIAN, IDAHO --~ BY: CLAYTON JONES, APPLICANT. CIC 11118/03 ) ) ) ) ) ) ) ) ) ) ) CUP-03-042 ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on November 18, 2003, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of7:00 o'clock p.m., and the Council having received the record of this matter from the Planning and Zoning Commission including the Planning and Zoning Commission's Recommendation to City Council and the minutes ofthat hearing, and Anna Powell Planning Director for the Planning and Zoning Department, Clayton Jones, Jonathan Gibbs, Phil Atteberry, Bruce Paine, and Skip Hofferber, appeared and testified, and the Council having duly considered the matter makes the following Findings of Fact and Conclusions of Law and Decision and Order. FINDINGS OF FACT AND CONCLUSIONS OF LAW I. The City Council takes judicial notice of its Zoning, Subdivision and ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY CLAYTON JONES FOR CARL'S JR. 1 (CUP-03-042) PAGE I OF 8 Development Ordinances codified at Title 11 Municipal Code ofthe City of Meridian and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and Maps. 2. Staff has complied with the requirements ofLC. ~~ 67-6509 and 67- 6512 and ~~ 11-2-416 E and 11-2-418 E. 3. G & H Enterprises IT is the current property owner and they have submitted their notarized consent for the subject application. 4. The proposed location of the applicant's business is at the former KFC site, on the corner of Main Street and Meridian Road, (the northern corner of the intersection of Meridian Road, I st Street and Central Drive), Meridian, Idaho. The owner of record of the subject property is G & H Enterprises II, P.O. Box 10998, Boise, Idaho 83719-0008. The applicant is Clayton Jones for Carl's Jr., 3413 N. Cole Road, Ste. 128, Boise, Idaho. 5. The applicant, Clayton Jones, has requested approval of a Conditional Use Permit and Planned Development for the construction of a new Carl's Jr. drive-through restaurant at the corner of Main St. and Meridian Road. The proposed restaurant would replace the existing building that formerly housed the Kentucky Fried Chicken, located between the existing Taco Bell and the new A&W/KFC restaurants. 6. When the new A&W/KFC restaurant received approval for their conditional use permit, one of the conditions of approval was to abandon the drive-through use of the original KFC building (File No. CUP-OI-021, FFICL 12.2, pg 5.). The proposed application is for the construction of a new building and a new drive-through that is in a different location than the ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY CLAYTON JONES FOR CARL'S JR. 1 (CUP-03-042) PAGE20F8 previous drive-through. 7. The applicant is required to apply for a Planned Development because the proposed Carl's Jr. building wi\1 be the second structure on the subject parcel. The MCC requires a Planned Development to provide two amenities as part of a Planned Development. The proposed amenities include a 'Welcome to Meridian' monument sign and a lighted three flag display with a 'memorial' bench. 8. Two prior applications for Carl's Jr. (CUP-02-026 and CUP-03-017) preceded the current proposal. Reasons for denial on the first version included traffic congestion and inadequate employee parking. Reasons for denial on the second version included the configuration of the drive-through, which required customers to walk across the drive-through to access the entrance. The applicant has attempted to address these concerns by constructing a small building that allows for more on-site parking, changing the drive-through location so that some pedestrians are not forced to cross it, shifting the exit of the drive-through further from the curb cut on Main Street, and providing more stacking depth (seven cars) than the prior two plans. 9. The building size of the old KFC to be demolished is 3,638.5 sq. ft. The proposed building from version 1 was 3,901 sq. ft. (larger than the existing structure). The proposed building from version 2 was 2,124 sq. ft. The proposed building in the subject application is 2,645 sq. ft. For comparison, the new KFC/A&W building is 2,625.8 sq. ft. 10. The applicant has provided a revised site plan with the most recent revision date of9/16/03. 11. The following uses surround the subject property: North - a Taco Bell restaurant ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY CLAYTON JONES FOR CARL'S JR. 1 (CUP-03-042) PAGE30F8 and Bolo's Restaurant and Tavern, South - A&W/KFC restaurant, East - Central Valley Corporate Center, and West - Redlin Photography Studio and Republic Storage, all with a CoG zoning. 12. Congestion has always been a primary issue for the project each time it has come through the application process. 13. Business owners of Taco Bell and the new A&W/KFC located between the proposed use, already experience traffic congestion at certain times of the day and night, and the proposed use would significantly impact the traffic and add additional congestion to the area. 14. More likely than not, the additional proposed use with a drive-through, in the same lot area would increase the problems cited above, and the size ofthe site along with compatibility, including changes to the present area, are of major concern. 15. It appears that no matter how this project would be designed there is not enough room for a restaurant with a drive-through, since there are presently other restaurants in the area with drive-throughs which create a heavy traffic flow. This additional project would attract more vehicles, which in turn would create excessive congestion for this area. 16. In order to obtain approval of another building on this lot, the applicant would have to show that the planned facility, and its use, would generate traffic at hours that do not coincide with most of the peak vehicle traffic hours of the existing restaurants. The facility would most likely have to be one which does not contain a drive-through window. It does not appear that any drive-through configuration can be designed for this site. The facility would have to be small enough to accommodate the parking that would be required for all employees and the ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY CLAYTON JONES FOR CARL'S JR. I (CUP-03-042) PAGE40F 8 vehicles ofthe customers without reducing the parking necessary for the existing businesses already near this site. 17. The site is bordered on the east by Main Street, a four lane street, and on the west by Meridian Road, currently a two lane street. The site is not easily accessible to pedestrians and therefore is highly dependent upon vehicle traffic. 18. The site is currently used for parking by customers of the KFC/A&W restaurant and customers of the Bolo's restaurant located north of the subject parcel. The addition of more vehicle parking on this site will increase congestion unless adequate parking spaces are created. 19. The proposed drive-through will exit directly across from the drive-through window now used by the Taco Bell restaurant. Headlights from vehicles leaving the applicant's proposed drive-through would shine directly onto vehicles at the Taco Bell drive-through, and directly into the drive-through window thereby negatively affecting customers and employees of the Taco Bell restaurant. The close proximity of the proposed drive-through to the existing Taco Bell drive-through would exacerbate existing congestion and create traffic conflicts. CONCLUSIONS OF LAW 1. The proposed use would be detrimental to other businesses in the same block because of the traffic congestion it would create. 2. The site is not large enough to accommodate the proposed use. 3. That the design and operation will not be compatible with the existing or intended character of the general vicinity and that such use would adversely change the essential character ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY CLAYTON JONES FOR CARL'S JR. 1 (CUP-03-042) PAGE 5 OF 8 ofthe same area due to traffic congestion. 4. That the proposed use would be served adequately by essential public facilities and services. 5. That the proposed use would not create excessive additional cost for public facilities. 6. That the proposed use would involve activities or processes, and conditions of operation that would be detrimental to persons, property, or the general welfare by reason of excessive production of traffic and noise ORDER OF DENIAL OF APPLICATION NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE APPEARING, the above named applicant is denied the requested conditional use permit. The City Council of the City of Meridian hereby adopts and approves this Decision and Order of Denial. NOTICE OF FINAL ACTION AND RIGHT TO REGULA TORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY CLAYTON JONES FOR CARL'S JR. 1 (CUP-03-042) PAGE 6 OF 8 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. Dated this 2f1:!: day of Jec.e /h-~ ,2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE McCANDLESS VOTED~ COUNCILMAN WM. L. M. NARY VOTED~ - MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: /:z. -2.--03 VOTED MOTION: APPROVED: x , DISAPPROVED: May , Corrie Attest: ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY CLAYTON JONES FOR CARL'S JR. 1 (CUP-03-042) PAGE70F8 \\\\1111111111, \,\' F M 'II/ "" '\ 0 1~t1J/'o 1/// ,,~ vl-// $' (j of\P~~ '11-% { ~SEAL~ , - "'~ & ~i! ~ ,Qio~ ~ <::)-1 r lS1 . ~ $ ~"/ a -n.~ . ",.... 1'''// 0; '''JT'( \\.1 "" . . ';". , : ' ~ \\\'- . Copy served upon Applicant, the Plannmg and Z6hmgiDeplffiment, Public Works Department and the City Attorney. William G. Berg, Jr., City C By:Jldh~~~!J. City Clerk Dated: 12 - 2 ~03 ,\\\lllllllfl}} "" M fIll "" _I of E.fT//' 1II1 " :\"" VL .II' [....' u' c,o~oFt4't;. ~~ ~~.... ~ ~ ~ ~ E ~ SEAL Z:\WorklMlMeridianlMeridian 1 5360MlCarl's Jr. CUP-03-042\FFCLOrd CUP Denial.doc ~ 7" -;. ~ G".I. 0 ~ --;"A V . ~ .::- ..--;.~", ~---2 ......... ., (") .(,~ ,,' ~, ".... '\y " '~>.., ""'I.n ',\fY\ ' ,\' "./:;<..,""",..",.'",>\\\' ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY CLAYTON JONES FOR CARL'S JR. 1 (CUP-03-042) PAGE 8 OF 8